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My son has a permanent ankle plate and 7 screws from foot being stuck in the field at a football game

Pleasantville, NY |
Filed under: Personal injury

the field conditions were terrible and would not have happened on turf or normal well maintained greens, He was told he will be in severe pain and have a permanent limp as he gets older. Can we sue the school? He has suffered enough and will continue for the rest of his life
Thanks

Attorney Answers 11

Posted

Upon these facts, this is not a viable case - sorry. However, there may be other factors that you are not aware of. For example, the type of game/practice, experience level, etc. Be careful, there are extremely short notice requirements. Don't post more details on Avvo. Do contact one or more of the very fine attorneys who regularly post here. Good luck and all the best to your son. Jeff

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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9 lawyers agree

Posted

This is a tough claim to win. For openers, you need to file a notice of claim with the school district within 90 days of the incident. The court does have the power to grant an extension of time but in your case it might be hard to get because of the nature of the condition alleged. You need a very good personal injury lawyer.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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14 lawyers agree

Posted

These cases are tough. Given the severity of the injury it is worth exploring but this is not an easy case. Was the poor condition of the field a recurrent problem or did weather or other factors make it abnormally dangerous during this particular game? Were there prior injuries on this field? Prior complaints about the field condition? These and many other questions will determine whether there is a claim. Also, please note that a notice of claim must be promptly filed in order to protect your son's rights. God bless and good luck.

Ryan Finn
rfinn@hackermurphy.com
Serving Clients Throughout New York State

PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

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13 lawyers agree

Posted

It may be possible depending on the specific facts of the case. If its a City school, there are strict time restriction that you must follow. Seek the representation of an expereinced personal injury attorney who handles these types of cases ASAP.

You preferably want someone with a background or knowledge of football. Many attorneys, such as myself, offer free 30 minute consultations to discuss the details of your case as well as the potential outcomes regarding same. The injury is severe enough to warrant seeking a consult. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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7 lawyers agree

Posted

Contact one of these very knowledgeable local NY personal injury attorneys above who have answered your question - but it must be ASAP due to the very short time limitation for filing claims they have warned you of - You son has a serious injury & it requires an experienced attorney. Good luck & speedy recovery to your son.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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9 lawyers agree

Posted

You can sue, you may not win though. Normally there is an assumption of risk in sporting events when one is a participant. Consult with a local personal injury lawyer ASAP.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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9 lawyers agree

Posted

Yes it's a good lawsuit so long as you did not blow the filing of a notice of claim, which must be done within 90 days of the accident. Contact us if you would like to speak to my law partner who manages our personal injury practice.

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6 lawyers agree

1 comment

Michael J Palumbo

Michael J Palumbo

Posted

I am much more optimistic than many of the other lawyers who have posted answers. However, it's a huge problem if more than 90 days went by and you failed to file a notice of claim. However, if your son is a minor we may be able to get around that.

Posted

It's called an "even field case", and a good local personal injury lawyer should be retained immediately to put the entity on notice and investigate.

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7 lawyers agree

1 comment

Christian K. Lassen II

Christian K. Lassen II

Posted

uneven

Posted

Consult a lawyer right away. A detailed consultation is required regarding these cases.

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4 lawyers agree

Posted

You have a difficult case. Under the doctrine of assumed risk, the school would likely get that case dismissed. You should, however, consult with a PI attorney to get a thorough vetting of the facts.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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5 lawyers agree

Posted

I would like to discuss with you the details of the conditions that caused the accident. It is possible that there may be a viable case.I would agree with the other attorneys that it is a difficult case but the serious injuries warrants further investigation. when did the accident Occur

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3 lawyers agree

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